6 little-known rights most San Francisco renters don't know they have

In San Francisco, renters have an array of rights that protect them, and the key is being aware and understanding them.

In San Francisco, renters have an array of rights that protect them, and the key is being aware and understanding them.

Photo: (Photo By Justin Sullivan/Getty Images)

Photo: (Photo By Justin Sullivan/Getty Images)

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In San Francisco, renters have an array of rights that protect them, and the key is being aware and understanding them.

In San Francisco, renters have an array of rights that protect them, and the key is being aware and understanding them.

Photo: (Photo By Justin Sullivan/Getty Images)

6 little-known rights most San Francisco renters don't know they have

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Believe it or not, San Francisco tenants are some of the most protected renters in the country. In many other cities, landlords can evict a tenant with just a simple notice, or raise rents whenever — and to whatever — they want.

But property owners here must act based on a very strict code of conduct, set mainly by the Board of Supervisors and regulated by the San Francisco Rent Board, which handles the bulk of landlord-tenant disputes and also provides free counseling sessions.

Many (read: most) renters are pretty in the dark about their rights; some long-term tenants in rent-controlled apartments don’t even feel comfortable asking their landlords for basic fixes because they don’t want to rock the boat, while still others lost in the maze of master tenants, sub-tenants, and co-tenants are even more wary.

Which brings us to these: Six little-known rights you may not know you have as a renter in San Francisco. (Obviously consult your rent board or a landlord-tenant attorney for any specific issues.)

Little-known right #1: If you live in an apartment with rent control, your landlord can't just raise your rent as often as they want or by as much as they want.

The current legal rent increase (through Feb. 29, 2020) is 2.6 percent. Rents can only be raised once every 12 months. If an owner does not raise the rent for at least 24 months, those increases can be "banked" for a future, larger increase.

If all tenants are on the original lease, one tenant cannot evict another tenant. However, when there is a master tenant and a subtenant and the building falls under rent control, the master tenant acts as the landlord to the subtenant. Just like in a landlord-tenant relationship, the master tenant cannot evict the subtenant for no reason, but can evict for nuisance, nonpayment of rent or other "just-cause" reasons.

Little-known right #3: You can actually get a rent reduction if maintenance repairs are not made in a timely manner.

The rent board suggests notifying landlords of needed repairs with both a letter and a phone call. If those requests go unanswered, reach out again and let the landlord know that you can report them to the city’s health and/or building departments if the repairs go unfixed.

Residents should make sure their requests are dated and keep copies; it will come in handy if a rent board hearing is required for a reduction in rent due to a substantial decrease in housing services.

The landlord is allowed to enter if the tenants are not home, but only for certain reasons and with the proper notice. For example, a landlord or a landlord’s agent can make agreed-upon repairs to the unit with at least 24-hours written notice. If the purpose of the visit is to show the building to possible buyers, the landlord only needs to give the notice verbally 24 hours in advance.

The only exception? In case of an emergency, or with the tenant's okay, the landlord can enter immediately.

Little-known right #5: Your security deposit accrues interest.

Security deposits accrue interest, even in newer buildings that don't fall under rent control. Landlords are responsible for paying out the appropriate interest on the deposit upon the tenant's departure.

Little-known right #6: You get an inspection before you move out so that any necessary repairs or need for cleaning are made clear before deductions are taken out.

Security deposit law is set by the state, not the city, and requires landlords to notify their tenants that they have the right to an inspection of the unit within two weeks before they depart so that any necessary repairs or need for cleaning are made clear. Deductions can be made for any damage beyond "normal wear and tear" or any unpaid rent or bills. The refundable amount must be paid to the tenant within 21 days of moving out.

Emily Landes is a writer and editor who is obsessed with all things real estate.